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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

2 judgments
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2 judgments
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Judgment date
June 2010
Ferreira v Executors of Estate Halse NO and Others (1200/2010; 1461/2009) [2010] ZAKZDHC 62 (25 June 2010)
Winding-up and oppression claims dismissed where deadlock caused by applicant’s own wrongful conduct and no unfair prejudice proved.
Company law – s344(h) just and equitable winding up – deadlock and disappearance of substratum; clean hands doctrine; company as separate legal entity – shareholder does not acquire proportionate ownership of company property; Companies Act s252 – unfairly prejudicial conduct – requirements and discretionary relief; remedies for oppressed minority and sale of shares.
 25 June 2010
Masawe v Road Accident Fund (12820/2004) [2010] ZAKZDHC 18 (1 June 2010)
A curator ad litem may claim advocate’s fees for consultations and perusal; taxation remitted to assess quantum.
Costs — Curator ad litem — entitlement to counsel’s fees for consultations and perusal — appointment does not negate professional remuneration; Interpretation of court orders awarding costs for ‘exercise of powers’ of curator ad litem — covers related consultation and perusal fees; Review of taxation — taxing master’s discretion and limits of review (Visser v Gubb principles); Quantum — remitted for assessment of reasonableness in light of seniority, time and complexity.
 1 June 2010